Don't sell my stuff!

I spent the morning at the Public Library in Santa Ana drafting a new Complaint. In my current situation, there is always a crisis around the corner. Paraphrasing David Bach, the author of  “The Automatic Millionaire”, he said that if we were just to sit down and think about it, 90% of our problems can be solved by money. I don’t know how many people will disagree with that.

I had most of my personal belongings stored at a Public Storage facility in Mission Viejo, CA. In my predicament, it was only going to be a matter of time before I would fail paying the rent. As luck will have it, I have gotten behind on my rent. As a result, they’ve effectively locked me out and placed a lien on my property. They have also already published the date for the lien sale, which is now slated for the 10^th of June. It hits me very hard because there are many things in there that are simply irreplaceable – old pictures of my kids, marathon medals, collectibles and some personal items that have sentimental value.

There is the twin to the saying that money can solve a lot of problems. What does one do if one does not have money? He will file a lawsuit to assert his rights. My research led me to a couple of legal doctrines that may very well save my belongings from being sold to strangers. I was able to raise a partial amount but was glad I didn’t pay as I discovered case laws that showed it would not have prevented a lien sale.

There are three kinds of laws - Statutes or Codes, Regulations and Case Laws. Case laws are the interpretations that were derived from a real live case and from that came a judicial decision. This differs from other laws in that a Case Law is one that is made by a judge. By contrast, a Statute or Code is one that is made by legislators like the Congress of the United States. A Regulation, on the other hand, is one that is made by regulators such as the Commissioner of the Department of Real Estate.

This is an example of a case law:

"Under California law, self-storage facility’s lien on contents of lessee’s storage locker was valid, even though lessee made partial payment on overdue rent; pursuant to rental agreement and Self- Storage Facility Act, facility had right to assert lien when rent was more than 14 days overdue, lessee failed to pay total with 14 days after preliminary lien notice was mailed, and lessee must pay total sum due to avoid enforcement of lien. US v. Poulsen, C.A.9 (Cal) 1994, 41 F.3d 1330"

I’ve prepared a rough draft of my Complaint and on a rush basis should be able to file it by Monday. I won’t speak about it on this particular entry because it is not yet filed. But once accepted by the clerk, it becomes public records. As long as I do not prejudice their defense, my First Amendment Rights will protect me. 

The First Amendment reads like so:

"Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances."

The name of the case will be Lacambra vs. Public Storage.

Stay tuned!

Defective Service ...

Lacambra vs First Team Realty et al

I've been preparing for a Deposition scheduled for tomorrow morning in Los Angeles. A Deposition is a formal proceeding that lawyers use to get a sworn statement from a witness. It is part of the "Discovery Process" and is usually held at a law office and comes in the form of a question and answer session. It is attended by a court reporter who records all that is discussed unless directed otherwise. Court Rules limit a Deposition to 7 hours per day without lunch or breaks. In a way it's almost like being interrogated. This takes away any surprises during trial. But attorneys also use this to impeach a witness by comparing what was said at the Deposition with what a witness is testifying on the stand during trial. If they contradict each other, the opposing counsel can point to the inconsistency and even call the witness a liar. 

At the last moment, I discovered that the mailing address that they used for the notice is incorrect. Although, it eventually arrived at my PO Box, the time to respond and prepare was shortened considerably because the mail had to take a circuitous route. In the parlance of the law that is called "Defective Service".

I have been looking for a way to avoid this for the time being. I haven't finished my discoveries just yet and have much of the facts to verify for accuracy. Plus, you'll never know how prepared you are until you start being questioned. But more importantly, I have no way of getting there - no gas and no bus fare - at least not enough to get me there. That's about a 60 mile trip, one way. So I should expect to receive an "Order to Show Cause" for not showing up in the next few days. If it were a different attorney, I would give them a benefit of a courtesy call, that is if I had enough minutes on pre-paid phone to spare. But I have been the recipient of all sorts of lawyerly tricks from this law firm that I now have cause to seek sanctions myself. I'll let them figure it out themselves.

Deadline Met!

Lacambra vs. Glass et al

Gen. Dwight D. Eisenhower once said, “Morale is the single most important factor in war”.

Litigation is the civilized word for war. The object is to bring the opposition to complete submission. The most formidable part of my arsenal is in the conviction that I am right – absolutely and unequivocally right. I have filed this lawsuit without a financial war chest to speak of and yet even with odds that are seemingly insurmountable, there is this compelling and inexplicable force that drives me forward.

I was able to file my “First Amended Complaint” for Lacambra vs. Glass et al - all 72 pages of it. There has been a shortage of resources available to me and by the time the printing and copying was finished, I was completely out of paper. One more page and my pleading would have been incomplete. I had to haul in my printer into a hotspot beside the AV Library to get the pleading all prepared. What a relief it was to get that finally out. There is an element to all this that just draws on me emotionally because it involves family.

Two more defendants were added to the Complaint including my brother’s attorney who I allege to have committed “Fraud”. So by now, I have a CPA, an attorney, two of my brothers, his wife and his wife’s sister as defendants. The complaint pleaded three causes of action – Fraud, Intentional Infliction of Emotional Harm and Interference of a Contract. Any way I look at this, the game just got interesting.

Here’s the preliminary statement as it appeared on my Complaint:

PRELIMINARY STATEMENT

 An old saying goes that, “In a lawsuit, the Defendant and Plaintiff are both, by their own choosing, each pulling on the tail and the horn of a cow in the opposite direction while the lawyers are underneath milking the cow”. In the hands of an unscrupulous Certified Public Accountant, you are likely to have all of the above plus the potential ruinous occasion of having the IRS, Franchise Tax Board, your mortgage company, a slew of creditors, your mother and brothers after you as well.

Mo Tales - The Bus Stop

We are all, by measure of degrees, recovering from something. Yet there are those whose unfortunate set of circumstances requires them to recover from their experiences. This is about a mother's lifelong struggle to recover from her experiences with her son …

I met Mo while in elementary school after having moved the umpteenth time from one school to another. I counted at least 7 different schools in 5 years. Mo, was a sickly person with a massively protruding stomach that incessantly created havoc on his back even when he was sitting still. It wasn’t until a couple of years later that I discovered his real name was not Mo but Tommy Belichine. 

The student population at our school, in a cruel adolescent ritual, baptized him Mo. One day at class the professor had queried about who had painted the Mona Lisa. With great timing and flair of Shakespearian iambic pentameter, Mo answered “Leonardo Mo Vinci” eliciting raucous laughter from class. That pet name stuck with him all his life and was later adopted by his own mother to point out the undeniable backfire of life that is her own son. Mo is the abbreviation of the word moment in British colloquialism. Every time she sees him, she is reminded of that moment in time when he came out of her womb and brought hell to her life.

I met her one gloom and rainy day while I was waiting at a bus stop. She was needling what appeared to be an over-sized sweater for what I assumed to be a little kid – portly though it appeared to me. Meticulous and patient, she created a beautiful pattern of greens and blues that looked like the colors of the ocean. “I like dressing him up in such calming colors because whenever I see him my nerves get jangled, like someone put my innards in a blender”. “The colors of nature help a little bit” “Who is it that you are referring to”, I queried. “It’s my son, my one and only son. If you end up with a son like this, you’d better expect your life to get cut short”. Just as she said that, a group of about half a dozen kids walked past us and recognized her. “Look!, one of the kids yelled to the others. “Isn’t that the kid’s Mom?” Yeah, another one yelled. “Hey old lady, where did you get your kid?” “Listen, do yourself a favor, wherever you found him, put him the hell back!” Hey, I shot back. Take it easy on the lady. What did the kid do? “We were in the middle of a soccer game and all of a sudden he just took the ball and left – only because nobody wanted to pass the ball to him any more. Every time someone tries to pass the ball to him, things get messed up. He’s too slow and can’t catch up to the ball. So the ball ends up with the other team. He messes up the entire game for everyone!

(TO BE CONTINUED)

Food Stamp Recipient ...

I have always wondered what it might be like being a recipient of Food Stamps. This morning I finally decided to go to Social Services so I can receive food stamps. My immediate concern was being seen by anyone I know. I wasn’t even going to mention it on my blog until I arrived at Window #1.

They open at 7AM and I made sure I was first in line so I can get in and out without being seen by anyone who could recognize me. Somehow the stigma of being a social dependant was strong enough that I thought it was necessary to take such reputation saving precautions. The visit had the distinct sensation of an unconditional surrender. It wasn’t even a consolation to hear that unusually large numbers are now coming through those doors. Whole families are now seeking help whereas before November of last year, it wasn’t the case. 

I didn’t know what to expect and so I walked to Window # 1 and to my absolute surprise and horror I found the sister of my brother’s wife, Patti, behind the glass. I felt my face turn a very deep shade of scarlet red. It was as if I had walked into a pole in broad daylight. The humiliation was so utterly complete.

After the usual pleasantries I sat down to wait for my name to be called. It took about 2 hours before I got the call despite being the first in line. I assumed that an extensive background check was done to make sure I wasn’t trying to defraud the State. Ms. Roxas was a very pleasant lady who had a stern but kind disposition. She gave the impression that she will do anything for her case subject within the confines of the system rules. After the interview, she matter-of-factly told me that my benefits will be $162 per month for 3 months. This month’s prorated amount, which was meant to take me to the end of the month will be $62.00.

“That is incredibly sad”, I told myself. “I can’t even start to think what I can buy with that”. In my hay-day, I could spend that much on a good Sushi Dinner. Then, again that is probably the reason why I’m in such a predicament to begin with. It hit me like a brick – my life is different now.

So the question is why shouldn’t I work instead? Even with a minimum wage, the amount will more than cover my needs. The answer is, I do not have the energy left for work. That’s saying a lot because before this, I could run 8 miles without even needing water to drink. Before this, I can do a half-marathon with only two day’s notice. This month, I am answering two demurrers, two sets of forms interrogatories, I am to be deposed in Los Angeles and have a series of court hearings. I hardly sleep anymore. But the most distressing thing that I have recently experienced were the hunger pangs at night that kept me awake. So, for the time being, I will have to make do with a food budget of $5.40 a day.

I really have to win those cases! It’s simply a must.

Meet and Confer ...

Lacambra vs Shea Properties et al

Thurs May 18, 2008 - Meet and Confer Phone Conference

(Corner of Aliso Creek and Pacific Park, Aliso Viejo)

It hadn’t been more than 10 minutes before the public phone at the Shell Gas Station rang. I was sitting in my car under the glaring heat contemplating what to say during the conference call. I had directed Craig, Robert Cardwell’s assistant to reach me at that number. There was no mention from my part that the number was actually a pay phone. More importantly, there was no way of telling how long the call was going to be and I was conserving my Virgin Phone pre-paid minutes. The phone minutes had recently been topped-off but had been a scarce and valuable commodity. I picked up the public phone and it was silent – no voices, not even a tone. I waited to see if I could get a call back. It wasn’t even 20 seconds before I got a call on my cell phone – "darnit!" I said to myself. I was told by Craig that the number was connecting to a fax number, which required that I conduct the conference on my pre-paid phone.

On the phone were Robert Cardwell, counsel for Shea Properties and Gregory Beam, counsel for Gary J. Gough, Esq. the attorney for Shea Properties who was involved in the “neighborhood nuisance/stalker” incident. As a general rule, attorneys are immune from being prosecuted for the administration of their duties as an advocate. But I found case laws that actually allows a Plaintiff to file action against an attorney. In Pacivic vs. Santuci (2000) the court ruled that “Attorneys owe an independent duty not to defraud a non-client”. That was enough for me to add him as a Defendant.

The conference was quick and simple. During the conversation Mr. Cardwell reiterated his position that he was there to vigorously defend his client. Furthermore, he felt, as did Mr. Beam, that the suit had no merit. As a courtesy he offered to have his clients pay for the legal expense thus far if I would dismiss it with prejudice. “You are too kind, counselor”, I interjected. “But the answer is no.” No points were made that was of any significance but the call met our obligation to the court.

The "Meet and Confer" is required by court rules before a CMC or Case Management Meeting. The object is to have opposing parties communicate frequently so as to have the opportunity to confer, discuss and/or settle the dispute before the commencement of the trial.

Our next CMC is on the 6^th of June – incidentally the anniversary of D-Day – the Allied Landings on Normandy in 1944.

Why the Funny Blog Series?

Humor has the amazing power to pick us up.

If it were left to me, I would live my life on the ragged edge. In the past, I have often sought experiences that should only be done once. Since the beginning of this adventure, of becoming a litigator without a law degree, I thought it necessary for my well-being to be surrounded with a lot of humor. The serial aspect of the characters, which appears every 7th, 14th and the 23rd of every month puts forth a work structure that requires that I devote time and effort to producing something humorous. This is my way of making sure that the mind takes regular respites from the demands of litigation and the constant search for resources when one lives at a subsistent level.

The characters that I’ve developed are aspirational as well as symbolic of relationships that I have in my life that have been in one way or another affected by my current situation. Yestradamus – the anti-Nostradamus – is suggestive of the things that I want to happen in my life. They say that the best way to make things happen is to make a prediction and work hard to make it a reality.

As they begin to come to life in my mind, Rich & Nina are proving to be the most interesting characters of the group. The life-changing event of being a victim of mistaken identity and being labeled a stalker is, for me, extreme as extreme gets. That simply never happens to people. I have filed suit against Shea Properties, the builder of the San Francisco Golden Bridge, just to clear my name. In the first place, I still don’t know who it was that has accused me of stalking her and what the circumstances were. The story of Rich & Nina is one of passionate unrequited love. In the real world, our man Rich can easily be called a stalker because his nature encapsulates the male species’ susceptibility to ungovernable and very deep feelings – particularly towards a woman. I want to try to explore that part of a man’s experience and see if I can have fun with it.

The “Mo Tales” is a story about a mother who has serious issues with his son. One of the lawsuits I filed was against two of my brothers and involves property rights and breach of a covenant. Fortunately, my mother, although she sides with my other brother, still demonstrates in no uncertain terms that she loves me. If she were less of a woman, things could have been very different. The “Mo Tales Series” is illustrative of what it could have been like between my Mother and I had she withdrawn her affection from me.

One of the goals of this adventure – the series of lawsuits – is to start my life over with a clean slate. I’m determined not to stop until I’ve attained that goal. I told myself that if I were to pursue this, my life would be turned upside down. And, indeed, it has. The only way that I can get through this portion of my life is to inject humor, however inappropriate, to ensure I come out in one wholesome piece.

I invite you to come along with me on this adventure.